ECP Not Empowered To Issue LG Polls Schedule Sans Centre's Notification: IHC.

ISLAMABAD -- The Islamabad High Court (IHC) Tuesday observed that the Election Commission of Pakistan is not empowered to issue the election schedule for LG polls in the absence of a notification issued by the federal government.

A single bench comprising Chief Justice of IHC Justice Athar Minallah made this observation while hearing a petition filed by Pakistan Muslim League: Nawaz (PML-N) and Pakistan People's Party's (PPP) petition challenging the Commission's notification regarding Islamabad LG elections. During the hearing, the Deputy Attorney General in response to a query informed the bench that notification, dated 19.10.2015, issued by the Federal Government regarding LG polls was withdrawn by the latter on 18.05.2021 and the ECP was informed vide letter, dated 20.08.2021 that the Federal Government had decided to redetermine the number of Union Councils in the Islamabad Capital Territory on the basis of Population Census 2017 with an average of 20,000 individuals per Union Council.

The IHC bench was also informed that the Election Commission had completed the process regarding delimitation of 101 Union Councils as determined by the Federal Government and the formal notification was subsequently published in the official gazette under sub section (1) of section 6 of the Islamabad Capital Territory Local Government Act of 2015 was issued on 13.06.2022. The IHC Chief Justice noted that the election schedule announced by the ECP was on the basis of notification dated 19.10.2015 and the said notification was admittedly withdrawn on 18.05.2021. He also noted that a plain reading of the Act of 2015 as a whole, prima-facie, shows that the statutory duty of the Election Commission to hold elections is subject to a notification issued by the Federal Government under sub section (1) of section 6 of the Act of 2015 and the notification whereby 50 Union Councils were determined by the Federal...